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NY H81971




June 22, 2001

CLA-2-64:RR:NC:TA:347 H81971

CATEGORY: CLASSIFICATION

TARIFF NO. 4202.92.4500, 6404.19.35

Ms. Kathy A. Quintano
Footstar
933 MacArthur Blvd.
Mahwah, NJ 07430

RE: The tariff classification of footwear imported in a plastic sheet zippered bag.

Dear Ms. Quintano:

In your letter dated June 6, 2001 you requested a classification ruling for infants slip-on footwear imported in a plastic sheet zippered bag to be manufactured in China. You have not provided a style number for either item. The footwear has an outer sole of rubber or plastics and an upper of textile material.

The applicable subheading for the footwear will be 6404.19.35, Harmonized Tariff Schedule of the United States, (HTS) which provides for footwear with outer soles of rubber or plastics and uppers of textile material, other, footwear of the slip-on type, other. The general rate of duty will be 37.5 percent ad valorem.

The bag is a zippered travel bag of clear polyvinyl chloride (pvc) designed to contain personal effects during travel.

The applicable subheading for the bag will be 4202.92.4500, (HTS) which provides for traveling bags, of sheeting of plastics, other. The general rate of duty will be 20 percent ad valorem.

The submitted samples are not marked with the country of origin. Therefore, if imported as is, will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article."

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist, Richard Foley at (212) 637-7089.

Sincerely,

Robert Swierupski
Director,

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